Health (Assisted Human Reproduction) Act 2024

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PART 8

International Surrogacy

Chapter 1

Interpretation, application and approval of surrogacy jurisdictions

Interpretation – Part 8

79. (1) In this Part—

“AHR counselling (SJ)”, in relation to AHR treatment (SJ) to be provided pursuant to a surrogacy agreement attached to a section 90 application, means a service provided by an AHR counsellor (SJ) under which he or she—

(a) if the application involves two intending parents, counsels such parents regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and, if applicable, such parents, or one of them, as the case may be, being provided such treatment,

(b) if the application involves a single intending parent, counsels such parent regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and, if applicable, such parent being provided such treatment, or

(c) counsels the potential surrogate mother regarding the potential social and psychological implications that may arise in the case of such agreement being approved under section 90 and such mother being provided such treatment;

“AHR counsellor (SJ)”, in relation to AHR treatment (SJ), means a person who has the requisite skills and judgment to provide AHR counselling (SJ) as regards such treatment;

“AHR treatment (SJ)” means the AHR treatment referred to in the definition of “AHR treatment provider (SJ)”;

“AHR treatment facility (SJ)”, in relation to AHR treatment (SJ) that the AHR treatment provider (SJ) may lawfully provide in the surrogacy jurisdiction concerned, means the premises in the jurisdiction at which the provider may lawfully provide such treatment;

“AHR treatment provider (SJ)”, in relation to a surrogacy jurisdiction, means a person based in that jurisdiction who lawfully provides in the jurisdiction AHR treatment pursuant to a permitted international surrogacy;

“approved surrogacy jurisdiction” means a surrogacy jurisdiction for the time being approved under section 81 (1);

“intermediary”, in relation to a surrogacy jurisdiction, means any person (including a body corporate or unincorporated body) who lawfully provides, in that jurisdiction, a service (not being the direct provision of a legal, medical or counselling service) in relation to a permitted international surrogacy;

“international surrogacy”, in relation to a surrogacy jurisdiction, means a surrogacy agreement in the specified form—

(a) entered into by—

(i) a surrogate mother who has been habitually and lawfully resident in that jurisdiction for not less than two years immediately preceding her entering into the agreement, and

(ii) either—

(I) both intending parents, not less than one of whom has been habitually and lawfully resident in the State for not less than two years immediately preceding his or her entering into the agreement, or

(II) in the case of a single intending parent, that intending parent where he or she has been habitually and lawfully resident in the State for not less than two years immediately preceding his or her entering into the agreement,

(b) without prejudice to the generality of section 80 , where the entering into that agreement by that surrogate mother and those intending parents or that intending parent, as the case may be, is lawful in that jurisdiction, and

(c) under which the surrogacy the subject of the agreement is to be undertaken in that jurisdiction;

“legal practitioner (SJ)”, in relation to a surrogacy jurisdiction, means a person who is authorised (howsoever described) in that jurisdiction to provide legal advice on a surrogacy agreement (SJ) which may be, or has been, entered into for the purposes of a surrogacy the subject of that agreement which may be, or has been, undertaken in that jurisdiction;

“parental order” means an order granted by the court under section 103 (1)(a) for the transfer of the parentage of a child;

“permitted international surrogacy” shall be construed in accordance with section 89 (1);

“relevant donation (SJG)” means, as appropriate—

(a) a donation of gametes made in accordance with—

(i) section 27 (1) or (2), or

(ii) the law of a jurisdiction (whether or not it is a surrogacy jurisdiction) other than the State,

for use in the provision of AHR treatment, or

(b) the gametes the subject of such donation;

“relevant donor (SJG)”, in relation to a relevant donation (SJG), means the person who has made or proposes to make the donation;

“ section 87 consent” shall be construed in accordance with section 87 (1);

“ section 90 application” shall be construed in accordance with section 90 (2);

“ section 102 application” shall be construed in accordance with section 102 (1);

“surrogacy agreement (SJ)” means a surrogacy agreement referred to in the definition of “international surrogacy”;

“surrogacy jurisdiction” means a jurisdiction outside the State where—

(a) the surrogacy the subject of a permitted international surrogacy may be lawfully undertaken, and

(b) the embryo transfer concerned is to be undertaken and, subject to section 103 (2)(a), the child (if any) resulting from that transfer is expected to be born.

(2) A reference in this Part to the spouse, civil partner or cohabitant of a surrogate mother shall be construed to include the equivalent (if any), under the law of the surrogacy jurisdiction concerned, of a spouse, civil partner or cohabitant as defined in section 2 .